Litigation v. Collaborative Divorce

When it comes to your divorce, do you want to build a team or tear down your opponent? Your answer is telling. Regardless, even if you’re angry and ready for a fight, don’t you want a fair one?

There are two sides to every divorce, and the aggressive pursuit of either may alter an otherwise amicable agreement. The game plan you choose could help you score a reasonable settlement or leave you frustrated with the referee: the judge.

Differences between Litigation and Collaborative Divorce

There a several primary factors that distinguish litigation from a collaboration. Here’s a breakdown of a few standard divorce considerations and how they differ with each route to divorce:

Resources

Time and money are key aspects of any divorce proceeding. In litigation, the couple is subjected to the court’s timeline and costly fees. With collaborative divorce, the couple controls the calendar. Furthermore, fees are based on more predictable expenses since negotiations work with the couple’s schedule.

Communication

Perhaps one of the biggest differences between collaborative divorce and litigation is open communication. Collaborative divorce is built on it, whereas litigation often avoids non-lawyer communication at all costs. In the courtroom, arguments are brought before a judge; in collaborative meetings, everything is out on the table – each spouse’s lawyer works with the other as the couple lays out the divorce terms.

Divorce Law

Since there’s no judge to hear the case, couples have more flexibility with collaborative divorce terms. The details of the negotiation rely only on mutual agreement, rather than a judge’s ruling – which is often based on one-size-fits-all Florida laws.

Avoiding a Bitter Battle

Since 1990, collaborative divorce has quickly become an equitable alternative to traditional divorce proceedings. The benefits of collaborative divorce, in terms of resources, communication, and divorce law, far outweigh litigation.

However, avoiding a trial is about more than saving time and money – it regards a stress-free solution to an emotional life event. The collaborative process provides a safe, private environment for couples to reverentially resolve their issues.

A courtroom does not provide the same haven. Often, litigation leaves couples bitter. Conversely, collaborative divorce helps couples come away with a fulfilling agreement that doesn’t symbolically destroy the years of effort put forth by each partner.

Which Option is Right for You?

Collaborative divorce generally requires two parties to at least agree to disagree. If both are unwilling to work together for a respectful resolution, litigation may be imminent.

A divorce attorney will provide insight on the best option for your situation. If collaborative divorce is right for you, he or she can help mediate by contacting your spouse’s lawyer to form a two-way team.